IN THE CASE OF:	

		BOARD DATE:	  15 June 2010

		DOCKET NUMBER:  AR20090020678 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his authorized decorations.

2.  The applicant states he served overseas in Iraq during two campaigns and qualified for award of the Iraq Campaign Medal with 2 bronze service stars.  He also states he was awarded the Combat Action Badge and Expert Marksmanship Qualification Badge with Rifle, Grenade, and Bayonet Bars.

3.  The applicant provides copies of two documents relating to the badges he requests.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the U.S. Army Reserve (USAR) for a period of
8 years on 14 August 2002.

3.  A DD Form 214 shows the applicant entered active duty training (ADT) on
8 January 2003.  He was awarded military occupational specialty 88M (Motor Transport Operator).  The applicant was released from ADT on 2 May 2003 and transferred to his USAR unit.

   a.  At the time he had completed 3 months and 25 days of net active service.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Service Ribbon.

4.  Another DD Form 214, as corrected by a DD Form 215 (Correction to
DD Form 214, Certificate of Release or Discharge from Active Duty), dated 7 July 2005, shows the applicant was ordered to active duty in support of Operation Iraqi Freedom on 7 December 2003.  He was honorably released from active duty on 28 January 2005 based on completion of required active service and transferred to his USAR unit.  At the time he had completed 1 year, 1 month, and 22 days of net active service.

	a.  Item 13 shows the Purple Heart, Army Commendation Medal with "V" Device, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with "M" Device, Army Service Ribbon, Overseas Service Ribbon, Army Lapel Button, and Driver and Mechanic Badge.

   b.  Item 18 (Remarks) shows he served in Iraq from 19 January 2004 to
8 January 2005.

5.  A National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows the applicant enlisted in the Army National Guard of the United States and Ohio Army National Guard on 2 November 2005 and he was honorably discharged on 25 December 2007 based on being medically unfit for retention.  Item 15 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded) shows the Army Service Ribbon, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Commendation Medal with "V" Device, Armed Forces Reserve Medal with "M" Device, Overseas Service Ribbon, Driver and Mechanic Badge with "M" Bar, Combat Action Badge, and Purple Heart.

6.  There is no evidence in the applicant's military personnel records that shows he was awarded the Iraq Campaign Medal with 2 bronze service stars or Expert Marksmanship Qualification Badge with Rifle, Grenade, and Bayonet Bars.

7.  In support of his request the applicant provides the following documents:

   a.  A DA Form 5286-R (Individual Training Record), dated 20 March 2003, that shows the applicant qualified Expert with the rifle on 19 February 2003 and Expert with the hand grenade on 3 March 2003.  It also shows he received a "Go" rating for the bayonet/pugil.  The form was authenticated by a training noncommissioned officer.
   
   b.  Headquarters, 88th Regional Readiness Command, Fort Snelling, MN, Orders 06-061-00071, dated 2 March 2006, that awarded the applicant the Combat Action Badge for actively engaging or being engaged by the enemy on 11 April 2004.

8.  During the processing of this case, an ABCMR staff member contacted the applicant to confirm that he preferred award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM) for his service in support of Operation Iraqi Freedom.  In response, the applicant indicated he would prefer award of the Iraq Campaign Medal (with 2 bronze service stars).

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Iraq Campaign Medal (ICM) is authorized for award to members of the Armed Forces of the United States who have served in direct support of Operation Iraqi Freedom.  The area of eligibility (AOE) encompasses all land area of the country of Iraq and contiguous water area out to 12 nautical miles and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The ICM period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of Operation Iraqi Freedom.

	b.  Only one award of the ICM may be authorized for any individual.  No service member will be entitled to both the ICM and GWOTEM for the same act, achievement, or period of service.  Upon application, such a service member may be authorized the ICM in lieu of the GWOTEM for such service.

	c.  The regulation lists the Iraq campaign phases, including the Liberation of Iraq (19 March 2003 to 1 May 2003), Transition of Iraq (2 May 2003 to 28 June 2004), Iraqi Governance (29 June 2004 to 15 December 2005), and National Resolution (16 December 2005 to a date to be determined).  It provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in the regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the ICM.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  Chapter 2, paragraph 2-4 (Completing the DD Form 214), contains item-by-item instructions for completing the DD Form 214.  Item 13 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Iraq Campaign Medal with 2 bronze service stars, Combat Action Badge, and Expert Marksmanship Qualification Badge with Rifle, Grenade, and Bayonet Bars.

2.  Records show the applicant qualified for award of the GWOTEM for his service in support of the Global War on Terrorism in the AOE (i.e., Iraq).  Records also show the applicant qualified for award of the ICM in lieu of the GWOTEM based on his service in support of Operation Iraqi Freedom.

   a.  The applicant requests award of the ICM in lieu of the GWOTEM.  

   b.  Records show the applicant served in Iraq during the Transition of Iraq and Iraqi Governance campaigns.

   c.  Therefore, it would be appropriate to correct his 28 January 2005 DD Form 214 to show award of the ICM with 2 bronze service stars.

3.  Orders awarded the applicant the Combat Action Badge for actively engaging or being engaged by the enemy in Iraq on 11 April 2004.  Therefore, it would be appropriate to correct his 28 January 2005 DD Form 214 to show this badge.

4.  Records show the applicant qualified Expert with the rifle on 19 February 2003 and Expert with the hand grenade on 3 March 2003.  Therefore, it would be appropriate to correct both his 2 May 2003 and 28 January 2005 DD Forms 214 to show this badge and the component bars.

5.  Records show the applicant received a "Go" rating for the bayonet/pugil.  This does not represent a rating for a qualification badge.  Therefore, the applicant is not entitled to correction of his records in this case.
  
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army and State Army National Guard records of the individual concerned be corrected by:

	a.  adding to item 13 of his 2 May 2003 DD Form 214 the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars;

   b.  deleting from item 13 of his 28 January 2005 DD Form 214 the Global War on Terrorism Expeditionary Medal;
   
   c.  adding to item 13 of his 28 January 2005 DD Form 214 the Iraq Campaign Medal with 2 bronze service stars, Combat Action Badge, and Expert Marksmanship Qualification Badge with Rifle and Grenade Bars;

   d.  deleting from item 15 of his 25 December 2007 NGB Form 22 the Global War on Terrorism Expeditionary Medal; and

   e.  adding to item 15 of his 25 December 2007 NGB Form 22 the Iraq Campaign Medal with 2 bronze service stars and Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.


2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Expert Marksmanship Qualification Badge with Bayonet Bar.  



      _______ _   X_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090020678



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ABCMR Record of Proceedings (cont)                                         AR20090020678



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